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Bombay High CourtBA/1259/2024allowed

Rahul Bhikaji Padghan v. State Of Maharashtra And ANR

2025-02-17Hon'Ble Shri Justice Milind N. Jadhav2 pages

62.BA.1259.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1259 OF 2024 Rahul Bhikaji Padghan .. Applicant

Versus

State of Maharashtra and Anr.

.. Respondents ....................

 Ms. Anuya Deokar, Advocate i/by Ms. Chandni Chawla for Applicant.

 Mr. R. M. Pethe, APP for Respondent.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 17, 2025 P.C.

:

1.

Mentioned out of turn at the time of rising of the Court. 2.

Heard Ms. Deokar, learned Advocate for Applicant and Mr. Pethe, learned APP for Respondent.

3.

Applicant is indicted for offences punishable under the Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act, 2012. He is incarcerated for last 6 years. Prosecution shall inform the fate of trial on the next adjourned date. 4.

Ms. Deokar would submit that age of victim was 15 years and age of Applicant was 30 years on the date of crime and they had consensual relationship with each other. That apart, she would submit that there is delay of more than 2 years in filing First Information Report. That apart there is no medical evidence in the present case.

62.BA.1259.2024.doc 5.

Considering the long incarceration of Applicant and the prima facie fact of the tenure of incident in question, I am inclined to take up this matter for immediate hearing. Learned appointed Advocate for Respondent No.2 shall be served with copy of this order by Advocate for Applicant. The learned appointed Advocate shall take appropriate instructions and be ready in the matter on the next adjourned date. Prosecution shall take appropriate instructions and inform the Court on the next adjourned date.

6.

Stand over to 26th February, 2025 at 02:30 p.m. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.02.17 19:06:01 +0530 HARSHADA HANUMANT SAWANT